Dale of trial
Notice of special defence.
Action to be struck out
in certain circum- stances.
Actions by and against
infants
10
without prejudice to the hearing and determination of the matters remaining in dispute between the parties.
29. Except with the consent of the parties or the leave of the Court no action or matter shall be heard or determined before the expiry of three clear days or such other period as may be prescribed after the service of the writ or other process originating the proceedings.
30. Except with the consent of the parties or the leave of the Court, which leave may be given on such terms as to costs, payment of money into court, giving security or otherwise as the Court thinks fit, no de- fendant may rely on any equitable defence or on any special defence, such as set-off, illegality, want of con- sideration or the statute of limitations, unless at least three clear days" written notice thereof has been given to the plaintiff, or to his counsel or solicitor, and to the Court.
Want of prosecution.
31. (1) Where no application for entry of judg- ment is made under rule 22 within three months from the expiration of the period within which a defence or counterclaim should have been filed the Registrar shall strike out the action from the Register of Civil Actions.
(2) Where no application to fix a date for the hearing of an action is made under rule 24 within three months from the date on which the defence or counterclaim was filed the Registrar shall strike out the action from the Register of Civil Actions.
Infants.
32. (1) An infant shall not, as of course, sue by his next friend or defend by a guardian ad litem, but the Court may so order upon it appearing to the Court that the infant is unable of himself properly to present his case, or defend the action, or give instructions therefor.
(2) Rule 8 of Order 80 of the Rules of the Supreme Court shall not, in so far as it relates to infants, apply to any proceedings in the Court unless the Court otherwise directs.
Third party notice.
Pleadings
necessary only when ordered.
Filing of pleadings.
II
(3) Rule 10 of Order 80 of the Rules of the Supreme Court shall not, in so far as it relates to infants, apply to any proceedings in the Court unless an order has been made under paragraph (1).
(4) This rule shall apply to the trial of any action in the Court and to interlocutory proceedings in respect of such actions.
Third party procedure.
33. (1) The Court may, upon a written or oral application made ex parte and without notice by a defendant to an action, give leave to the defendant to issue and serve a third party notice and on granting such leave shall specify a period within which the notice shall be served.
(2) The defendant obtaining the third party notice shall serve it upon the third party personally together with a copy of the writ by which the action was begun and of the pleadings, (if any) served in the action and the third party shall, as from the time of such service, be a party to the action with the same rights and duties in respect of his defence against any claim made against bim and otherwise as if he had been sued in the ordinary way by the defendant. (3) Order 16 of the Rules of the Supreme Court shall, in its application to the Court, be read in con- junction with this rule.
Pleadings.
34. (1) Save as provided in the Ordinance or in these rules, pleadings shall not be required, as of course, in the Court but shall only be necessary where the Court makes an order therefor.
(2) On making such an order the Court shall specify a period within which such pleading shall be filed.
35. (1) Without prejudice to paragraph (1) of rule 20, any party to an action may file any pleading by delivering the pleading by hand to the registry of the Court in which the action was commenced together with as many copies thereof as there are other parties to the action.